Expungement in Arizona

Expungement is available in Arizona for certain marijuana-related offenses that are no longer considered criminal under current law. This remedy is provided under A.R.S. § 36-2862, which permits eligible individuals to petition the court for an expungement order that seals and deletes all records related to the arrest, charge, adjudication, conviction, or sentence.

To qualify for expungement, a person must have been arrested, charged, or convicted for possessing, consuming, or transporting marijuana within the limits now considered legal. This includes possession of up to 2.5 ounces of marijuana, six or fewer plants, or marijuana paraphernalia. Individuals who meet these conditions may apply through the court in the jurisdiction where the conviction or arrest occurred. A lawyer may assist with filing the petition and navigating the legal procedures, though it is not required by law.

Once granted, the expungement order updates the criminal justice record to reflect that the event is treated as though it never occurred. Law enforcement agencies, prosecutors, and courts must seal and destroy all associated records, and defendants are legally permitted to state that the event did not happen when undergoing background checks for employment, housing, or licensing. Expungement differs from other remedies like set aside or criminal record sealing because it removes the record entirely, rather than simply updating the judgment.

Expungement offers important relief for individuals impacted by prior marijuana convictions, helping to eliminate barriers in areas such as employment, housing, and social stigma. The court will consider the facts of the case, applicable statute, and whether the arrest or conviction meets the threshold for legal expungement under Arizona law.